Innovative weaponry always intrigues military planners whose task is to prognosticate
what the battlefield of the future will look like. How to handle a new
weapon and maximize its effect? Will it perhaps become a ‘game changer’? As a
rule, debates of this nature—confined as they are to eventual (hence, hypothetical)
armed conflicts—tend to take place in-house, certainly away from the limelight.
The public at large is not necessarily aware of them. But, even if it is, the typical
posture is to regard such deliberations as moot (until the floodgates of an armed
conflict actually open). Still, every once in a long while, a new weapon arrives upon
the scene attracting exceptional lay interest. Once engaged, the public is loath to
leave the matter entirely in the hands of military professionals. The civil society—
in the broadest sense of the term—deems itself fully entitled to enquire, express
views, offer guidance and lay down the law.
There are a handful of historical illustrations for public fascination with select
novel weapons. None is comparable to the profound present allure of cyber weapons.
Conceivably, the reason why so many people are so enthusiastically engrossed
in cyber is that nowadays almost everybody (from an astonishingly early age and
in every quarter of the world) has access to the internet and to the social media.
Millions of people have suffered from or heard first-hand about phenomena such
as ‘hacking’, ‘phishing’, or the malicious implant of a computer virus. The resultant
trauma for the victim of a (peacetime) cyber attack makes him or her feel
qualified to draw lessons and arrive at far-reaching conclusions (germane even in
wartime).
When the average person seems to grasp the nature of the topic, to be aware
of what the stakes are, and to be in a position to offer a valid opinion, pressures
on international lawyers to join the fray begin to mount. International lawyers
are expected by public opinion—indeed, morally compelled—to investigate the
repercussions of the use of the new weapon and to speculate about the resolution
of problems that are anticipated. This, of course, is not what international lawyers
ordinarily do in the sphere of armed conflicts. Generally speaking, lawyers do not
speculate: they react to needs that have already become manifest in the world of
reality. The international law of war, either at the preliminary stage of dissection
or in the final phase of consolidation, usually comes in the wake—and not in
advance—of the facts.
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